EXHIBIT 17-A
DRAFT
ORDINANCE
NO. 161
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA
WATER MANAGEMENT DISTRICT
AMENDING RULE 23-A-1-i
REGARDING WATER MEASURING
DEVICE REQUIREMENTS
1. The Water Management District is charged under the Monterey
Peninsula Water Management District Law with the integrated management of the
ground and surface water resources in the Monterey Peninsula area.
2.
The Water Management District has general and specific power
to cause and implement water conservation activities as set forth in Sections
325 and 328 of the Monterey Peninsula Water Management District Law.
3.
This ordinance amends Rule 11, Definitions, for consistency
with policy of the District’s main Water Distribution System Operator (i.e., a
Connection does not cease to exist if the meter size is changed or the meter is
moved to another location on the Site) and to provide simpler language related
to Water Measuring Devices.
4.
This ordinance amends Rule 23-A-1-i, Action on Application
for a Water Permit to Connect to or Modify an Existing
Water Distribution System.
5.
Rule 23 requires Water Measuring Devices maintained by the
Water Distribution System Operator for each User. However, a Site utilizing a
Water Credit that results in one or more new Users (each residence, commercial
enterprise, or industrial enterprise shall be deemed a separate and distinct User)
does not increase system-wide Water Use Capacity.
6.
This ordinance authorizes sub-meters (i.e., water meters on
the User’s side of the Water Distribution System Operator’s Water Measuring
Device) to record water consumption between an existing Connection and the
water User in certain cases where installation of individual water meters by
the Water Distribution System Operator is not possible (e.g. during a
moratorium).
7.
This ordinance is limited to Sites where a Water Credit is
used to obtain a Water Permit and the Site has an existing Connection to a
Water Distribution System.
8.
This ordinance establishes conditions under which
sub-metering is allowed as a condition of a Water Permit.
9.
This ordinance requires that the sub-metering conditions are
recorded on the title of the property and that the conditions are applicable to
all future owners of the property. The deed restriction will be rescinded when
the property owner installs Water Measuring Devices managed by the Water
Distribution System Operator for each sub-metered User.
10.
This ordinance requires installation of a Water Measuring
Device managed by the Water Distribution System Operator at the conclusion of a
moratorium.
11.
The proposed ordinance has less than significant impacts on
the environment as determined by the Initial Study as all water use has been
accounted for as a Water Credit.
12.
This ordinance shall amend and republish the Rules and
Regulations of the Water Management District.
NOW THEREFORE be it ordained
as follows:
ORDINANCE
Section One: Short
Title
This ordinance shall be
known as the 2014 Sub-Metering Policy Ordinance of the Monterey Peninsula
Water Management District.
Section Two: Purpose
This ordinance authorizes
the use of sub-meters (i.e., water meters located between the main water meter
and the User) when installation of individual User Water Meters by the Water
Distribution System Operator is not feasible.
Section Three: Amendment
of Rule 11, Definitions
Rule 11, Definitions, shall
be amended as follows, with added language shown in bold italic type face and
deleted language shown in strikeout type face.
CONNECTION - “Connection”
means the point of intersection where a User gains access to the Water
Distribution System. Where a Water-Measuring Device is installed, the Water Distribution
System shall include the Water-Measuring Device Water Meter and the
Connection shall be the nearest point of User access beyond the Water-Measuring
Device. Where a Water-Measuring Device is removed for a period exceeding 36
months, or is relocated or resized, the former Connection shall cease to
exist. Where any Permit is transferred in contravention of Rule 28, the
Connection(s) affected by said Permit shall cease to exist. For the purpose of
these Rules and Regulations, access for fire protection and/or access for
short-term use through a hydrant meter installed with the consent of the Water
Distribution System Operator shall not be deemed a Connection. Each new Connection,
based upon projected quantity of water use, shall be categorized as either “Residential”
or “Non-Residential.”
WATER-MEASURING DEVICE -
“Water-Measuring
Device” means any water meter or other measuring device intended to measure water
usage by a User of the Water Distribution System. The term “Water-Measuring Device”
shall have the same meaning as the term “Water Meter.”
WATER METER – “Water Meter”
means any measuring device intended to measure water usage. The term “Water
Meter” shall have the same meaning as the term “Water Measuring Device.”
Section Four: Amendment
of Rule 23-A-1-i, Action on Application for a Water
Permit to Connect to or Modify an Existing Water Distribution System
Rule 23-A-1-i, Action on
Application for a Water Permit to Connect to or Modify
an Existing Water Distribution System, shall be amended as follows, with added
language shown in bold italic type face and deleted language shown in strikeout
type face.
i.
Water Measuring Devices Meters maintained by the
Water Distribution System Operator shall be installed for each Residential and
Non-Residential water User except as contemplated in 23-A-1-i-(3), (4),
and (5).
(1)
A Non-Residential User may extend water use to another Non-Residential
User within an existing structure unless the Remodel or Addition requires a
Water Permit for a Change of Use (as defined in Rule 11).
(2)
A Change of Use as defined in Rule 11 shall trigger the
requirement for a separate Water MeterMeasuring
Device.
(3)
Users of multiple structures on a Site occupied by one
Non-Residential User may apply for a variance of this Rule.
(4)
The General Manager shall consider allow
Non-Residential variances to this Rule sub-metering
for each User when the installation of separate Water MetersMeasuring Devices is not feasible and
the Site is utilizing Water Credits on a Site that has a Connection. In
considering a variance, the General Manager shall determine if another type
of Water Measuring Device is appropriate and shall make reporting of
consumption a condition of approval. Approval of a Water Permit allowing
sub-metering under this provision shall require recordation of a deed
restriction on the title of the property that shall encumber current and future
Site owners to comply with the following conditions:
(a.)
Site’s owner shall have Water Meters installed for each
sub-metered User by the Water Distribution System Operator within ninety (90)
days of the conclusion of a Connection moratorium. Once Water Meters maintained
by the Water Distribution System Operator have been installed, the deed
restriction shall be removed;
(b.)
Annually at the conclusion of the Water Year, and within 30
days of change in tenancy, the Site’s owner shall provide the General Manager
with individual monthly consumption for each User in a format acceptable to the
District. Information shall identify the User of the sub-meter (e.g. apartment
number or lease space number) and the number of residents in each Residential
Dwelling Unit or the type of use according to Rule 24, Table 2, for each
Non-Residential User;
(c.)
During Stages 4-7 of the Expanded Water Conservation and
Standby Rationing Plan (Regulation XV), the General Manager shall be provided
with information about the number of occupants and type of uses within the
sub-metered Dwelling Units and Uses;
(d.)
During Stages 4-7 of the Expanded Water Conservation and
Standby Rationing Plan (Regulation XV), sub-metered consumption and occupant
contact information shall be provided to the District monthly or more
frequently if requested by the General Manager;
(5)
The Board shall consider Mixed Use and Residential variances
to this Rule when the installation of separate Water Measuring Devices is not
feasible due to Special Circumstances. In considering a variance, the
Board shall determine if another type of Water Measuring Device is appropriate
and shall make reporting of consumption a condition of approval.
Section Five: Publication
and Application
The provisions
of this ordinance shall cause the republication and amendment of the permanent
Rules and Regulations of the Monterey Peninsula Water Management District.
This ordinance
shall take effect at 12:01 a.m. on the 30th day after it has been enacted on
second reading.
This Ordinance
shall not have a sunset date.
Section Seven: Severability
If any
subdivision, paragraph, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforcement of
the remaining portions of this ordinance, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each
remaining portion would have been adopted irrespective of the fact that one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid
or unenforceable.
On motion by Director Pendergrass, and second by
Director Edwards, the foregoing ordinance is adopted upon this ___ day of _____,
2014 by the following vote:
AYES:
NAYS:
ABSENT:
I, David J. Stoldt, Secretary to the Board of
Directors of the Monterey Peninsula Water Management District, hereby certify
the foregoing is a full, true and correct copy of an ordinance duly adopted on
the ___ day of _____ 2014.
Witness my hand and seal of the Board of Directors
this ____ day of ____ 2014.
David
J. Stoldt, Secretary to the Board
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